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Brownie takes on the Abbey


brownie24
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Hi

 

After finally getting hold of old Abbey statements for a closed account I am about to put in my Prelim letter to request refund of £609.50.

 

Could someone please tell me where I should address this letter to?

 

Cheers

 

Brownie24:)

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Thanks for that.

 

Well I have sent off my prelim letter now so fingers crossed.

 

What are Abbey like in terms of paying out?

 

I currently have a MCOL filed against NatWest with the deadline for their defence being 9th Feb. Is it likely that I will have to do this with Abbey or do they ever pay out before this?

 

Thanks again

 

Brownie24:)

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  • 4 weeks later...

Well I sent of my prelim letter to Abbey with no reply and then went on and sent off my LBA. To which I have received a reply along the lines of saying that my complaint is being invesitgated, and that if they do not contact me sooner they will do so within four weeks to let me know what is happening.

 

The LBA deadline is up in a few days so should I proceed and file a MCOL or should I wait and see what the outcome of their invesitgation is before I take any further action?

 

Any help much appreciated.

 

Brownie24

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Stick to your timetable as they will just be buying time - Its a known tactic. Get your claim in when the 14 days are up.

2 Accounts with statements back to Feb 04 = £802 in charges

S.A.R received by Abbey 22.09.06 .......start the clock!:D

9.10.06 received letter from Pam Speed 'information to follow'

12.10.06 received last 14 months of altered statements :rolleyes:

01.11.06 LBA sent to Abbey for statements

10.11.06 received statements back to 2000 - on one account:|

15.11.06 2nd LBA sent for outstanding information

26.11.06 Outstanding info arrives

30.11.06 Prelim for £1089 received by Abbey

06.12.06 Sorry you are unhappy letter received

21.12.06 Sent LBA giving 14 days before court action

22.12.06 Received GOGW for £375

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good luck:) :)

ABBEY S.A.R - (Subject Access Request) sent 14thfeb RECEIVED 28/03/07

 

 

 

CO OP S.A.R - (Subject Access Request) sent 14th feb

sent prelim 07/03/07 received 09/03/07

SETTLED 25/03/07 £1085:p

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  • 2 months later...

Hi folks

 

Well my claim with Abbey has now advanced, I submitted MCOL and have now received a court date for 9th July 2007!!!!

 

The defence submitted by Abbey sounds pretty bog standard, and they make no attempt to justify charging the extortinate amounts they do.

 

However point 9. reads:

 

9. Further or in the alternative, even if the said fees are not proportinate to the defendants admin expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportinate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.

 

Is this a normal statement?

 

Also I believe I now have to get ready my docs to take to court with me!!!! Could anyone please point me in the right direction?

 

Brownie 24

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  • 2 weeks later...

Hey all

 

Just a quick update after receiving defence from Abbey. I heard nothing for a few weeks - I was expecting to get an AQ through the post for me to complete but instead just received notice of allocation to small claims track with directions for hearing.

 

The directions seem to be the ones that everyone is now pushing for via the new strategy for AQs, so this is good news for me as I got them anyway:)

 

Anyways now I am in the final stages of preparing my court bundle which proved to be slightly daunting at first but I think I'm getting there eventually!!!! I still have not heard a thing from Shabbey and have not once been made an offer!!! Not that i'm bothered cause i'm not after an offer only full and final settlement will do for me:D

 

Do I have to include the full OFT report from April 2006 (36 pages long) or will the summary statement suffice?

 

Also when including the correspondance in the bundle do I need to include copy of the defence and all the court correspondance i.e acknowledgement of service etc?

 

Hope someone can help me with my final queries and then i'll be all done and dusted and will await me cheque:D Hopefully by the end of all this I'll be on my way to becoming a pro and i may be able to offer my pearls of wisdom one day

 

Brownie24:)

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  • 2 weeks later...

Hi all

 

My court bundle went off to Abbey and was recieved on 9th May, not heard anything as yet. Now in light of the recent Lloyds shock victory I want to make sure that should needs be I would be fully prepared to take on the Abbey in court.

 

I am aware that we already have a strong advantage here as the Abbey have already stated in their defence that we have in fact breached contract and they also make reference to this in their terms and conditions!

 

So although I did not submit a copy of their t&c with my court bundle I think that if i was unfortunate enough to go to court I would like to use this info. Would I simply need to take this along with me if needs be? or would I have to formally update my court bundle and how could I do this?

 

Brownie24:)

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Is there anybody out there??????

 

If so does anyone have an email contact for the Shabbey? Not heard anything since submitting by bundle so thought I would give them a nudge along and check if they have recieved it.

 

Anyone?

 

Brownie24:)

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Personally I wouldn't bother nudging as you could win by breach of court order if they fail to submit on time. IF you do need to go to court you can take the T's and C's with you providing you provide a copy to both the Abbey solicitor and the judge. Its a question of declaring everything to everyone. The bundle is primarily the initial evidence you need to bring the case to court outlining the arguments and case law. It would be doubtful that the T's and C's would be required on the basis that Abbeys defence already declares a breach of contract.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Personally I wouldn't bother nudging as you could win by breach of court order if they fail to submit on time.

 

Good point Noobrider..... I had forgotten about that. Just getting a bit anxious that is all, as I have not had any recent correspondence from the Abbey and they have never even made me an offer yet........ahh well just as well I suppose because it's not an offer i'm looking for only the full amount will do for me:D

 

IF you do need to go to court you can take the T's and C's with you providing you provide a copy to both the Abbey solicitor and the judge. Its a question of declaring everything to everyone. The bundle is primarily the initial evidence you need to bring the case to court outlining the arguments and case law. It would be doubtful that the T's and C's would be required on the basis that Abbeys defence already declares a breach of contract.

 

I will print a copy of the t&c off anyway so that I am fully prepared should needs be.:D

 

Brownie24:)

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excellent Brownie, you should be ok, you are well prepared, now just keep reading the relevant points and make a crib sheet of all the relevant points of law and your answers to their defence, that No9 paragraph is a rework, but nothing that cannot be answered from your court bundle, if they actually want you to pay a "charge" then they have to declare what that charge actually is, then you would be happy to pay it ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Wooooo hooooooo........I did it......I won:D :D :D

 

Got home from work today and there was a lovely letter from the Abbey stating that they have now been able to reconcile my account and without any admission of liability they have decided to settle in full:D Just got to await the safe arrival of my cheque which they are raising at the moment.

 

Am so happy especially after yesterdays anxieties...........yay:D

 

Am now going to put in a wasted costs order, do you think I should initially appproach Abbey with a figure? Or just go directly through the courts and do this formally?

 

Woooooo hooooooo

 

Many thanks to everyone on this site and now my battle will continue with Capital One.

 

Good luck to everyone else

 

Brownie24:D

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CONGRATULATIONS!

Well Done

 

Even more so, because you had the identical court date to me, and my cb went off to Abbey about 10 days after yours, so...............fingers crossed:rolleyes:

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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yeah well done Brownie. Another one to add to the victory list

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Cheque received today:D .......what a bonus had not expected it until at least next week, so I can now formally move my thread to successes.....woo hooo.... how do I do this?

Also can now get my wasted costs submitted.....should I approach the Abbey with some figures or just does this via a letter to the court?

Brownie24:)

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  • 2 weeks later...

Hi all

 

Just one last update to add to my post.........I WON COSTS AS WELL:D

I approached the Abbey with a letter outlining their unreasonable behaviour and that I hoped they would consider my request for costs before I informed the court that this claim was settled........they did and decided to pay my costs without me having to submit a formal request :D (which I highlighted I would do)

 

Brownie24:)

 

P.S - If there is any mods about could you remove my thread to WON!!!!!!!

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